Bill Text: NY S00320 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Prohibits drug, cannabis or alcohol testing and screening of pregnant or postpartum individuals and newborns unless the individual consents and it is within the scope of medical care, or the testing or screening is necessary for a medical emergency.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2024-01-03 - REFERRED TO WOMEN'S ISSUES [S00320 Detail]

Download: New_York-2023-S00320-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           320

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by Sens. SALAZAR, BRISPORT, BROUK, CLEARE, JACKSON, KRUEGER,
          MYRIE, RIVERA, SEPULVEDA -- read twice and ordered printed,  and  when
          printed to be committed to the Committee on Women's Issues

        AN  ACT  to amend the public health law, in relation to prohibiting drug
          or alcohol testing and screening of pregnant or postpartum individuals

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  2509-b to read as follows:
     3    § 2509-b. Drug or alcohol testing and screening for pregnant or  post-
     4  partum individuals; prohibited. 1.  For purposes of this section, "drug"
     5  shall  mean  a  controlled  substance as that term is defined in section
     6  thirty-three hundred six of this chapter.
     7    2. No health care  professional  licensed,  certified,  or  authorized
     8  under title eight of the education law shall:
     9    (a)  perform  a drug or alcohol test on a person who is pregnant or up
    10  to one year postpartum unless:
    11    (i) the pregnant or postpartum individual gives prior written and oral
    12  informed consent specific to the drug or alcohol test; and
    13    (ii) the performance of the drug or alcohol test is within  the  scope
    14  of medical care being provided to the individual.
    15    (b)  perform a drug or alcohol screen in a hospital on a person who is
    16  pregnant or up to one year postpartum unless:
    17    (i) the  pregnant or postpartum individual gives prior  written    and
    18  oral informed consent specific to the drug or alcohol screen; and
    19    (ii)   the   performance  of  the drug or alcohol screen is within the
    20  scope of medical care  being  provided  to the individual;
    21    (c) perform a drug or alcohol screen outside a hospital  on  a  person
    22  who is pregnant or up to one year postpartum unless:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00489-01-3
        S. 320                              2

     1    (i)  the   pregnant or postpartum individual gives prior oral informed
     2  consent specific to the drug or alcohol screen; and
     3    (ii)   the   performance  of  the drug or alcohol screen is within the
     4  scope of medical  care  being  provided  to the individual.
     5    3. No health care professional licensed, certified or authorized under
     6  title eight of the education law shall:
     7    (a) perform a drug or alcohol test on a newborn unless:
     8    (i) the individual authorized to consent for the newborn,  as  defined
     9  by  subdivision  two  of section twenty-five hundred four of this title,
    10  gives prior written and oral informed consent specific to  the  drug  or
    11  alcohol test; and
    12    (ii)  the  performance of the drug or alcohol test is within the scope
    13  of medical care being provided to the newborn;
    14    (b) perform a drug or alcohol  screen  in  a  hospital  on  a  newborn
    15  unless:
    16    (i)  the    individual   authorized   to   consent for the newborn, as
    17  defined by subdivision two of section twenty-five hundred four  of  this
    18  title,  gives  prior   written and oral informed consent specific to the
    19  drug or alcohol screen; and
    20    (ii)  the  performance  of  the drug or alcohol screen is  within  the
    21  scope of medical care  being  provided  to the newborn;
    22    (c)  perform  a  drug  or  alcohol  screen  outside  a  hospital  on a
    23  newborn unless:
    24    (i) the   individual   authorized   to   consent for the  newborn,  as
    25  defined  by  subdivision two of section twenty-five hundred four of this
    26  title, gives prior  oral informed consent specific to the drug or  alco-
    27  hol screen; and
    28    (ii)   the   performance  of  the drug or alcohol screen is within the
    29  scope of medical care  being  provided  to the newborn.
    30    4. Written and oral informed consent to a drug or alcohol test or drug
    31  or alcohol screen shall occur at the time of testing, in language under-
    32  standable to the pregnant or postpartum individual,  or  the  individual
    33  authorized  to consent for the newborn, under circumstances that provide
    34  such individual sufficient opportunity to consider  whether  or  not  to
    35  authorize  the  drug or alcohol test or drug or alcohol screen and mini-
    36  mize the possibility of coercion or undue influence, and  shall  consist
    37  of  oral  authorization  and written authorization that is dated, signed
    38  and includes the following:
    39    (a) a statement explaining that consenting to a drug or  alcohol  test
    40  or  drug  or  alcohol  screen is voluntary and requires written and oral
    41  informed consent, except when conditions under subdivision five of  this
    42  section are met;
    43    (b)  a statement that testing or screening positive for drugs or alco-
    44  hol could have legal consequences, including,  but  not  limited  to,  a
    45  report to child protective services, and that the individual may want to
    46  consult  with  legal  counsel  prior to or after consenting to a drug or
    47  alcohol test or drug or alcohol screen;
    48    (c) a statement explaining the extent of confidentiality of  the  test
    49  or screen results;
    50    (d) a statement of the medical purpose of the test or screen; and
    51    (e) a general description of the test or screen.
    52    5.  Drug  or  alcohol  testing  or  drug  or  alcohol screening may be
    53  performed without consent of the patient or the individual authorized to
    54  consent for a newborn when, in the health care professional's  judgment,
    55  an  emergency  exists and the patient or newborn is in immediate need of
    56  medical attention, and an attempt to  secure  consent  would  result  in
        S. 320                              3

     1  delay  of  treatment  that  could  increase the risk to the patient's or
     2  newborn's life or health. In the case that drug or  alcohol  testing  or
     3  drug  or  alcohol  screening is performed under these circumstances, the
     4  test  or screen results shall be discussed with the patient or the indi-
     5  vidual authorized to consent for the newborn, in language understandable
     6  to the patient or individuals authorized to consent for the newborn  and
     7  shall  consist  of  oral  notification  and written notification that is
     8  dated, signed and includes the following:
     9    (a) a statement that testing or screening positive for drugs or  alco-
    10  hol could have legal consequences, including but not limited to a poten-
    11  tial  report to child protective services, and that the patient or indi-
    12  vidual authorized to consent for the newborn may want  to  consult  with
    13  legal counsel;
    14    (b)  a statement in the medical record with a description of the emer-
    15  gency that necessitated unconsented drug or alcohol testing or  drug  or
    16  alcohol screening; and
    17    (c)  a  statement explaining the extent of confidentiality of the test
    18  or screen results.
    19    6. No health care  professional  licensed,  certified,  or  authorized
    20  under title eight of the education law shall refuse to treat an individ-
    21  ual who is pregnant or up to one year postpartum or a newborn because of
    22  the  patient  or  individuals  authorized  to  consent for the newborn's
    23  refusal to submit to a drug or alcohol test or drug or alcohol screen.
    24    7. Nothing in this section shall diminish  any  other  requirement  to
    25  obtain  informed  consent  for a drug or alcohol test or drug or alcohol
    26  screen or any other procedure.
    27    § 2. This act shall take effect immediately.